Bundick asked the judge to suppress all evidence seized by officers during what he said was a warrantless search of Velezquez and his vehicle the night of the crash, saying the search was conducted in violation of Velazquez' Fourth, Fifth and Sixth Amendment rights under the United States Constitution.

Bundick said no probable cause existed for the search or tests Velazquez underwent later, or for his arrest.

He said Velazquez was not read his Miranda rights and officers interrogated him without the required warnings being given.

But a criminal complaint filed by the arresting officer said Velazquez was read his Miranda rights and waived them before being taken to Riverside Shore Memorial Hospital for a blood test.

In a second motion, Bundick asked to have delivered to him by 10 days before trial any written or recorded confession Velazquez made to police officers. He also asked for Velazquez' criminal record.

Velazquez, who according to court documents had no driver's license at the time of the wreck, in recent years was found guilty four times in local courts of driving without a valid license, a misdemeanor.

A checklist for bail determination also listed an immigration violation under his prior criminal record.